I don't understand this tradition.
My question is what exactly is the purpose of using the founding fathers or even the foundations of the United States as a means of creating laws in today's society. From what I understand none of the people who made a lot of the rules today are no longer alive. So why would we care what these people wanted? Maybe this is a stupid question but whenever I hear people argue about politics almost inevitably someone brings up the foundations of the country. I always thought that what was more important was what was better for the people in that society. So can someone please clarify why this seems to be a valid argument?
It isn't a valid argument unless you believe all progress ended at the end of the 18th century.
It's just a fallacious appeal to authority that especially conservatives like to use when it suits their agenda.
It can be used as an Appeal to Authority.
An appeal to authority is only a fallacy when the person is speaking outside their area of expertise. Therefore, it is not a fallacy to use James Madison as an authority on the Constitution. But it would be a fallacy to use James Madison as an authority on microwave ovens were he alive today.
"James Madison says Kenmore is better than Westinghouse. So there!"
Yes.